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Estates Gazette’s mainly for students series

Mainly for students is a regular series aimed at the property lawyers of tomorrow, giving you vital guidance on key areas of practice.

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In each article, an expert professional offers an in-depth look at the key provisions and important case law on a relevant topic, from landlord and tenant issues to planning matters to wider industry issues like real estate funding and valuation measures.

They are the topics students need to know, written by the lawyers who know their needs.


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2016

• Property insurance – know the facts

Elizabeth Thomson looks at the importance of being well informed about property insurance

The top 10 of planning: part 2

Carl Dyer completes his list of the major planning law issues of the day in which any practitioner in the field should be well-versed

• The top 10 of planning: part 1

In the first of a special two-part series on the 10 current planning law issues every practitioner should know, Carl Dyer runs through numbers one to five

What‘s in a name?

Daniel Norris explains the different roles of developers and development managers

Transfer of going concerns

Nobody likes paying VAT and at 20% it can be a significant liability on property transactions

Enforcing planning obligations

How planning obligations can be enforced and possible defences to their enforceability

Buyer (and seller) beware

Issues for both sellers and buyers when it comes to replies to enquiries

• Selling by auction

Any property can be sold at auction, but the method particularly suits certain sorts of property and certain parties. Speculative investors with an appetite for risk are often among the bidders

Highway headaches

Sue Highmore examines property purchasers’ concerns about highways and how to find out whether they are justified

• Giving notice to complete

The role of notices to complete in property transactions and how they should and should not be deployed against a party in breach of its contractual obligations

 • Agreements for lease

Part 3: The more unusual provisions such agreements can cover, including those governing assignment of rights and tenant access to the property

Part 2: Discussing two of the more common conditions which must be satisfied before the lease is completed

Part 1: Sue Highmore begins a detailed examination of the important aspects an agreement for lease should cover


2015

 • A lesson in possession

Paul Tonkin considers the tactics and pitfalls involved in obtaining possession for redevelopment under the Landlord and Tenant Act 1954

When it’s reasonable to say no

Andrew Ross and Sarah Quy explain the duty on landlords contained in section 19(1) of the Landlord and Tenant Act 1927 not to withhold consent unreasonably to a tenant’s request to assign, underlet, charge or part with possession of premises

• Taking part

Charles Anderson and Henry Stevens present a guide for advising investor tenants on the issues raised by long leases of part of premises

Parking privileges

Right to park Amy Rogers explains why it isn’t always easy to tell whether a tenant’s right to use a parking space is a legal easement

Valuation methodology – the other contenders

Following his article on the comparative method, Sebastian Deckker examines the other traditional methods of valuation

Comparative valuation

Valuation is one of the cornerstones of surveying. There are five methods that valuers should be familiar with, all of which use comparable evidence to some degree

Dealing with the incomplete register

Matt Stokes and Bhavini Patel offer their advice on how to unearth the third-party rights not recorded on the land register

Leases, licences and tenancies at will

There are four main ways to finance real estate development: equity, debt, forward funding and forward sales

The fundamentals of funding

There are four main ways to finance real estate development: equity, debt, forward funding and forward sales

Forfeiture

Following the steps outlined below should help landlords to preserve their rights and avoid actions which will lose a right to forfeit

Profiting from overage and clawback

Dan Norris and Dion Panambalana discuss the importance of profit-share arrangements in maximising land value for sellers

The issue with preconditions

Gemma Kirsch discusses tenants’ options when faced with preconditions to underletting

When pretty vacant won’t do

Richard Housley explains the law on vacant possession, and what tenants must do to provide it

Issues with long leases 

Peta Dollar focuses on important provisions to be borne in mind when dealing with long leases

Development dangers

Andreas Petrou and Kathryn Harris highlight some of the pitfalls that can delay or derail building projects

Property dealings in Northern Ireland

Andrew Wade and Pierre Boitel-Gill explore some of the surprising features of property law in the province

The Irish question

Martin Colman and Tom O’Malley explain key differences in the real estate laws of the Republic of Ireland which practitioners in England and Wales need to be aware of

Boundary disputes – the thin red line

Simon Brilliant considers basic issues arising in boundary disputes

Neighbourly support

Will Cursham explains the right to support and courses of action that may be available if it is undermined

 The crossover zone

Land deals with charities are often more complicated than the usual property transactions with a non-charitable body. When considering such a transaction the first step is to look at the impact of the Charities Act 2011 (the “2011 Act”) on the proposed deal. It is equally important to bear in mind the individual trustees’ obligations and responsibilities as well as the tax implications

Unlocking the potential of charity land

Alex Barnes and Emma McPeake compare the development deal choices available to charities which have land they wish to develop

Jersey property law – same difference

Andrew Wade and Julie Melia consider the differences between England and Wales and Jersey in relation to the sale of land, leases and taxation

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